Lawyer Profile - Jonathan Lisus
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Jonathan C. Lisus
Partner
LAX O’SULLIVAN SCOTT LISUS LLP
416.598.7873 Direct
416.598.3730 Fax
145 King Street West, Suite 1920
Toronto, Ontario M5H 1J8
moc.otnorot-lesnuoc|susilj#moc.otnorot-lesnuoc|susilj
www.counsel-toronto.com

Profile

Mr. Lisus' practice focuses on complex commercial and constitutional litigation. He has a broad trial and appellate practice in the Superior Court of Justice, the Ontario Court of Appeal and the Supreme Court of Canada.

Awards and Acknowledgements

  • Martindale Hubbell Pre-eminent rating - 5
  • Chambers Global: The World's Leading Lawyers for Business
  • The Canadian Legal Lexpert Directory: Guide to the 100 Most Creative Lawyers in Canada (2006)
  • Lexpert "Top 40 under 40" (2004)
  • Best Lawyers in Canada
  • Canadian Who's Who, University of Toronto Press

Experience and Credentials

  • Practice Areas Litigation: Franchising, Professional Liability
  • University York University, B.A., 1987
  • Law School Osgoode Hall Law School, LL.B., 1990
  • Bar Admission Ontario, 1992

Profile Visibility

  • #6 in weekly profile views out of 10,904 lawyers in Toronto, Ontario and
  • #2,105 in weekly profile views out of 1,146,326 total lawyers Overall (as of Nov 12, 2010)

see http://www.martindale.com/Jonathan-C-Lisus/1333250-lawyer.htm

Representative Cases

  • Stoneleigh Motors et al v General Motors of Canada Limited; 2010 ONSC 1965 (CanLII), 2010 ONSC 3045 (CanLII). Successfully represented 21 General Motors dealers from across the country in national multi-party action against GMCL for re-instatement and damages arising out of mass termination in 2009 restructuring. Action settled, combination of re-instatements and cash payments.
  • Siemens Canada Limited and PCL Constructors v The Corporation of the City of Ottawa; (2009) 93 O.R 3d 22. Successfully represented Siemens Canada and PCL against City of Ottawa for termination of contract for Light Rail transit system. Action settled for $36.7 million payment to the plaintiffs.
  • Hyundai of Thornhill v. Hyundai Auto Canada Corp; 2009 55 B.L.R. (4th) 265; Successfully represented plaintiff in action enjoining manufacturer from appointing new dealership and terminating plaintiff’s dealership agreement
  • Bletsoe Enterprises Inc et al v. Sobeys Capital Incorporated; 2008 CanLII 61235 Successfully represented IGA dealers in $45 million multi party breach of contract action against Sobeys Capital; action settled on basis of cash payments and new dealer agreements.
  • Neighbourhoods of Windfields Limited Partnership v. Death et al (2008) 48 M.P.L.R. (4th) 183; aff’d Ont. C.A. 2009 O.J. 1324; leave to SCC dismissed; Successfully represented developer in enjoining use of houses as student lodging houses. Leading authority on s35 of Planning Act.
  • Axiom Plastics Inc. v. E.I. DuPont Canada Company (2008) 90 O.R. 3d 782,(2007), 87 O.R. (3d) 352: Class co-counsel; first Competition Act price-fixing conspiracy in Canada certified as class action on contested basis. Action ongoing.
  • The Honourable Douglas Lewis v. Canadian Broadcasting Corporation, Superior Court of Justice; April 2007: Successfully represented CBC, National news anchor and journalist in trial dismissal of libel action by former federal Minister of Justice.
  • Siemens VDO Automotive Inc. v. Rhodia Canada Inc. (2005), 16 B.L.R. (4th) 336: Successfully represented Siemens VDO enjoining unilateral termination of critical long-term automotive supply agreement.
  • 1176560 Ontario Ltd. v. Great Atlantic & Pacific Company of Canada (2002) 70 O.R. (3rd) 182; (2004) 62 O.R.(3rd) 535, Class co-counsel; Successfully represented plaintiffs in leading case of defendant misconduct during certification; largest franchise class action settlement in Canada.
  • Incorporated Broadcast Ltd. v. Canwest Global Communications 63 O.R. (3rd) 431 (Ont.C.A.): Co-Counsel to Canwest Global. Successfully stayed $450m shareholder oppression proceedings in Ontario.
  • Comstock v. Atomic Energy Canada Limited 7 C.L.R. (3rd) 112 (Ont. S.C.J.): Successfully represented AECL in determination that provincial construction legislation does not apply to federal nuclear reactors.
  • Urban Outdoor Trans v. The Corporation of the City of Scarborough (2000), 52 O.R. (3rd) 593 (Ont.C.A.): Successfully represented City of Toronto in defence of constitutionality of user fee legislation.
  • Toronto Star Newspapers Ltd v Canada; 2010 SCC 21 (CanLII) Counsel for Canadian Civil Liberties Association; constitutional validity of mandatory publication ban at bail hearing upheld.
  • R v. Patrick [2009] 1 S.C.R. 579; Counsel for Canadian Civil Liberties Association; expectation of privacy recognised in household waste; imposition of reasonable suspicion requirement prior to search.
  • R v. Clayton and Farmer, [2007] 2 S.C.R. 725; Counsel for Canadian Civil Liberties Association; scope of police powers to erect roadblocks.
  • R v. A.M. (2006) 79 O.R. (3rd) 481 (Ont.C.A.): [2008] 1 S.C.R. 569; Counsel for Canadian Civil Liberties Association; random use of police sniffer dogs in high schools ruled unconstitutional.
  • Morton v. Cowan (2003), 229 D.L.R. (4th) 193 (Ont.C.A.): Counsel to physician; dismissal of action alleging excessive prescription of narcotics.
  • Mirembe v. Tarshis, 179 O.A.C. 260 (Ont.C.A.), affirming (2002), Carswell Ont. 2240 (S.C.): Counsel to surgeon; dismissal at trial of test case of toxic side effect from common antibiotic.
  • Perez (Litigation Guardian of) v. Governing Counsel of the Salvation Army in Canada, 42 O.R. (3rd) 229 (Ont.C.A.): Counsel to psychiatrist; dismissal of wrongful death action, established limitation period applicable to psychiatric institutions.
  • McSween v. Louis (1998), 187 D.L.R. (4th) 446 (Ont.C.A.): Counsel to surgeon; trial judgment for plaintiff overturned on appeal; leading authority on general limitation period.
  • Van Dyke v. Grey Bruce Regional Health Centre (2006) 255 D.L.R. 4th 397 (Ont.C.A.) reversing (2003), O.T.C. 692 (S.C.): Counsel to surgeon; trial judgment for plaintiff overturned on appeal; leading authority on principles of causation.

Current Representative Mandates

  • Counsel to national franchise chain in $65 million breach of contract action.
  • Counsel to Siemens Canada Limited in $40 million breach of contract and negligence action against J.D. Irving Equipment and others.

Professional and Community Involvement

  • Appointed Member; Chief Justice of Ontario’s Advisory Committee on Professionalism
  • Co-founder and Director Lawyers International Food Enterprise
  • Appointed Member; Advocates Society Board of Directors; 2007-2010

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